Tag: law limits

in fact that is how fascism – as in state authoritarian capitalism – works?

In a recent chat someone defined “rule of law” as the ability to discuss the law – rather than laws being altered, introduced, taken, etc. based on arbitrary decisions.
I think its a rather weak definition because then the question of how to join as an equal in such discursive processes might define the arbitrariness – or otherwise – of the process. Having a discursive process, act, project or practice – does not make it in and of itself subject to development and evolutionary processes in an equal/open manner that allows free self critique which helps counter – sometimes required – arbitrary elements.. (eg western democracies and how despite voting, we get big money and the related powers to have more of a say..)

This kind of state of affairs is one we were told capitalism can not live with. It was said that capitalism, to invest in a certain place/society, has to have an open, transparent and somehow discursive set of laws. Capitalism needed the rule of law, for proper functioning.. But this seems like a total tale. A fib. A dead parrot. A tale of convenience.

In the people’s republic – capitalism thrives with state control, repression, aggression and culture of arbitrary law.
In russia’s federation, capitalism is operating within the arbitrary decision processes of the kremlin pretty well.
In usa and allies, we have to agree for a theatre of discussion. However, when power needs a law changed or get a decree for its advantage – they need to make a non negotiable phone call. eg the idea of too big to fail institutions we have to subsidise..